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The White House took a more circumspect view: that the law requires authorities to hold Tsarnaev as a criminal suspect entitled to certain constitutional protections. Among those are the right to remain silent and the right to consult an attorney.

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Law enforcement generally has the option of grilling anyone without the Miranda warnings. The only catch is that any information acquired that way may not be admissible in court. As it happens, any statements Tsarnaev might make would probably be unnecessary for his prosecution, given the vast amount of evidence he and his brother apparently left in their wake.

Designating him an enemy combatant might do more harm than good. It may very well be illegal, for starters. Tsarnaev is an American citizen who was captured on American soil [url=http://www.agoshow.net/Yankees-52-CC-Sabathia-Red-2010-All-Star-Jerseys-52/]Yankees 52 CC Sabathia Red 2010 All Star Jerseys[/url] after allegedly [url=http://www.agoshow.net/Pirates-47-Meek-Navy-2010-All-Star-Jerseys-33/]Pirates 47 Meek Navy 2010 All Star Jerseys[/url] carrying out an attack on American soil not a foreigner toting an AK-47 on a battlefield in Afghanistan. If he were unjustifiably designated an enemy combatant, it could impede any later attempt to prosecute him.

Nor is there any evidence that he is connected to any organization covered by the Authorization for Use of Military Force passed by Congress Sept. 14, 2001 basically, al-Qaida and affiliated groups. Given these circumstances, writes Brookings Institution scholar Benjamin Wittes, "military detention is not merely a bad idea. It is simply not legally available."

That's not a tragedy. Federal prosecutors have proven they can get convictions of terrorists in civilian courts as they did with Timothy McVeigh, Theodore Kaczynski, "shoe bomber" Richard Reid and "underwear bomber" Umar Farouk Abdulmutallab. There is no reason to doubt that, if Tsarnaev's role was what federal authorities allege, he too will be punished.

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Wartime expedients should be limited to instances where there is no good alternative. When in doubt, the government should err on the side of preserving constitutional rights. The Obama administration deserves credit for resisting the urge to panic and doing just that.

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